Karnataka HC Rejects Petition Seeking to Move Covid-19 Testing Laboratory Situated in Residential Area

The Karnataka High Court refused to entertain a public interest litigation filed by two residents seeking directions to the authorities to shift or close down a covid-19 testing laboratory in their vicinity. A division bench of Chief Justice Abhay Oka and Justice M Nagaprasanna said “The petitioner counsel is unable to point out any statutory provisions which impose an embargo on setting up a laboratory in residential society for collecting swab samples of covid19. In absence of any such provision we cannot direct the state govt to cancel permission, if any, granted to Mediclu Diagnostics and Speciality Centre.” The bench primarily rejected the petition on the ground that a writ of mandamus cannot be issued to a private entity as it is not an agency or instrumentality of the state. However, during the hearing the bench made the following observations.